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Change of Status
Applying to Hostos >
Office of Admissions
> International Students
<--
F-1 student status is appropriate if
you intend to pursue full-time studies in the United States. If
you are currently in the United States as a tourist, temporary
worker, diplomat, exchange visitor or any other kind of
non-immigrant classification and need to change to F-1 student
status, follow the procedures indicated below.
Eligibility
– If you are in the United States unlawfully or have
overstayed your current status, you are ineligible to apply for
a change of status within the Unites States.
Procedure:
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Qualify for a Certificate of Visa Eligibility (Form
SEVIS I-20 from Hostos Community College.)
In order to qualify for F-1 student
status, you must be admitted to a full-time program of study
at Hostos Community College and obtain a SEVIS I-20 by
submitting the following documents to the International
Student Advisor:
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Change your status
Once you obtain a SEVIS I-20 from Hostos
Community College, you must change to F-1 student status
either by traveling or by application
to the United States Citizenship and Immigration Services.
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Change by travel
You may change your status by departing the
United States and re-entering in F-1 status. In order to
re-enter the United States in F-1 status, you must have a
valid F-1 visa. If you were previously in lawful F-1 status at
another school in the United States and have an unexpired
F-1 visa, you may continue to use the visa unless it
was canceled, even if the visa was issued for your previous
school. If you do not have an F-1 visa, you must
apply for one at the U.S. consulate in your home country
or country of residence. Once you have obtained an F-1
visa, you would then enter the United States with your
visa and the following:
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Your Form SEVIS I-20 from Hostos
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Supporting documents such as copies of your admission
letter and your financial documentation
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Receipt of the SEVIS fee payment
Upon
your arrival, you would request F-1 status. The U.S.
Citizenship and Immigration Services inspector at the port of
entry will inspect your visa, your SEVIS I-20, and your
supporting documents, and admit you in F-1 status by issuing you
an I-94 card marked “F-1 D/S” (F-1 is your status, D/S stands
for duration of status.)
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Change by application to the USCIS
You may also attempt to change your status
by submitting a change of status application to the United
States Citizenship and Immigration Services (USCIS). This
requires that you assemble the following
documents:
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A completed
Form I-539
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Your original Form I-94
and the original Form I-94 of each
person included in the application
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Your original Form SEVIS I-20 from Hostos
Community College signed on the bottom of page
1.
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To request a change of status, you must submit
documentation that demonstrates your ability to pay for
your studies and support yourself while you are in the
United States.
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Photocopy of your passport’s identification page
- do not send your passport to the USCIS.
A bank check or money order payable
to the United States Citizenship and Immigration Services
for the required $300.00 fee. A personal check is
acceptable only if your name and address are preprinted on
the front. The USCIS does not accept cash. This fee
includes any dependents who are changing status with you.
A letter of explanation of why you
are requesting the change of status. This is
extremely important: your letter should clearly explain your
current status, your plans for study at Hostos and your
long-term plans. Keep in mind that F-status is a
NON-Immigrant classification. This means that you may be required to document,
that you continue to maintain ties to your home
country—whether in the form of a residence, an expected job
offer, or continuing family ties. It is not unusual for the
USCIS to request documentation regarding your ties to your
home country, and you should be prepared to provide such
documentation.
Receipt of payment of
SEVIS fee.
YOUR LETTER MUST INCLUDE THE FOLLOWING
INFORMATION IF YOU ARE REQUESTING A CHANGE OF STATUS:
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H-1 – You should give your dates of
employment under H-1 and the date of registration at
Hostos. Also include a copy of the I-797 and other
documentation establishing that you were in and maintained
valid H-1 status. The USCIS must receive your change of
status application no later than you terminate your H-1
employment, as there is no “grace period” for those in H-1
status: your status as an H-1 terminates the day you leave
your H-1 employer.
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B-1 or B-2 – Remember that when you entered
the United States, you told an USCIS officer your reason for
coming to the U.S. You should have a reasonable explanation
for changing your intent from visiting the U.S to studying
in the U.S. Any suspicion that you misrepresented
your intentions when you entered the U.S. could lead to a
denial of your change of status application.
Please note, new rule as of April 2002, you
will not be able to register for a course of study at a school
in the U.S without a valid F1-status.
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WT or WB – You cannot change your status in
the United States if you entered the U.S. under the Visa
Waiver Program as a visitor for business or pleasure, as
indicated by a “WT” or “WB” notation on your I-94
card. You must change your status by travel.
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A or G - Before filing for a change of
status, you must first file form I-566 with either the
Department of State or the Office of Host Country Affairs at
the U.S. Mission to the United Nations within 10 days of the
completion if you’re A or G employment. Only after the
I-566 has been approved and returned.
You are
eligible to file a change of status application with the
USCIS.
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J-1 or J2 – You cannot change to F-1 in the
U.S if you are subject to Section 212(e), also known as the
“two-year home residency requirement”, unless you have
received a recommendation for a waiver of the requirement
from the Department of State.
Once completed, mail your application to the USCIS. Photocopy your application and send it by
certified mail, return receipt requested, to the United
States Citizenship and Immigration Services that has
jurisdiction over your place of residence. For persons
residing the New York area, mail your application to:
U.S. Homeland Security
United States Citizenship and Immigration Services
Vermont Service Center
75 Lower Weldon Street
St. Albans, VT. 05479-0001
When the USCIS receives your application, it
will deposit your fee payment and mail you a Form I-797-Notice
of Receipt with your assigned case number (EAC--). You can check
the status of your application by calling the phone number on at
the bottom of the I-797 and entering your case number or via the
USCIS website.
The form will also tell you an approximate
processing time.
Special Considerations
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If you are in lawful status and decide to change to F-1
status by applying to USCIS, you remain in lawful status
until you receive your reply from USCIS. However, you do not have the privileges of student
status—working on campus, applying for practical training,
etc.—until the change is approved.
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When
USCIS has made a decision, they will send you a Form
I-797-Notice of Action. If your application is approved,
the I-797 will include a new I-94 card(s) and pages 1 and 3
of the SEVIS I-20 will be returned to you.
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f you are applying for a change of status from B-2 to F-1,
please note that you must fulfill the USCIS requirement of
being in a valid student status for 9 consecutive months
before you are eligible to apply for Optional Practical
Training (OPT).
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Note that the USCIS can take up to 6 months to process a
change of status application. If you do not receive a reply
within 6 months, contact the USCIS for assistance.
If you attempt to change your status by travel,
but overstayed your previous visa, you must apply for a new F-1
visa in your home country; you cannot apply for an F-1 visa in a
third country (such as Canada). If you overstayed for
more than 180 days, you may be prevented from returning to the
United States for 10 years or more.
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